In a decision entitled Auto Body Federation of the Empire State vs. Lewis (436NYS2ND3) dated March
26, 1982, the Supreme Court has invalidated policy provisions which give the insurer the right
to "elect to repair" damaged motor vehicles. Since this decision was not appealed,
it is now the law in
New York and policies must be amended accordingly.

Rating organizations authorized to make filings on behalf of their members and subscribers and
insurers not so affiliated are directed to promptly submit an amendatory endorsement to be attached
to all policies covering physical damage to motor vehicles, deleting all language which appears
to give the insurer the right to elect to repair the damaged motor vehicle.

Filings to comply with this Circular Letter should be made on or before December 1, 1982 to the
attention of: